sec.407Compensation for damage to possessions

sec.407 Compensation for damage to possessions

A patient or visitor (the claimant ) may claim from the State the cost of repairing or replacing the claimant’s possessions damaged in the exercise or purported exercise of a power under this part. The cost may be claimed and ordered in a proceeding— brought in a court of competent jurisdiction; or for an offence against this Act brought against the claimant. A court may order an amount be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order. (sec.407-ssec.1) A patient or visitor (the claimant ) may claim from the State the cost of repairing or replacing the claimant’s possessions damaged in the exercise or purported exercise of a power under this part. (sec.407-ssec.2) The cost may be claimed and ordered in a proceeding— brought in a court of competent jurisdiction; or for an offence against this Act brought against the claimant. (sec.407-ssec.3) A court may order an amount be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. (sec.407-ssec.4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.

• (a) brought in a court of competent jurisdiction; or
• (b) for an offence against this Act brought against the claimant.